Legal Opinion

Ives v. Stone

Supreme Court of Connecticut

Decided February 8, 1884PublishedCited by 19 opinions

Suit for the foreclosure of a mortgage; brought to the City Court of the city of New Haven. The complaint alleged that Sarah C. Stone, one of the respondents, was indebted to the plaintiff by sundry notes described, and that on the 5th day of April, 1880, she conveyed to him certain real estate in the city of New Haven, by an absolute deed, which was on the same day put upon record; and that on the same day the plaintiff executed and delivered to her the following…

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Suit for the foreclosure of a mortgage; brought to the City Court of the city of New Haven. The complaint alleged that Sarah C. Stone, one of the respondents, was indebted to the plaintiff by sundry notes described, and that on the 5th day of April, 1880, she conveyed to him certain real estate in the city of New Haven, by an absolute deed, which was on the same day put upon record; and that on the same day the plaintiff executed and delivered to her the following agreement:— “ This agreement made and executed this 5th day of April, 1880, by Hoadley B. Ives, of New Haven, in the state of…

1Opinion of the CourtCarpenter, J.

This is a suit to foreclose a mortgage. The mortgage consisted of an absolute deed, and a defeasance in writing signed by the grantor, describing the debt intended to be secured by the deed, and providing for a re-conveyance of the property upon the payment of the debt. The deed was recorded; the defeasance was not. Rubenia *455McGilvray, a creditor and one of the defendants, attached the property as the property of the grantors. She was made a defendant in the foreclosure suit and demurred to the complainant for the following reasons: “because, upon the facts therein set out, the deed of the…

2Cases cited13 opinions

  1. Pettibone v. GriswoldSupreme Court of Connecticut · 1822
  2. North v. BeldenSupreme Court of Connecticut · 1840
  3. Crane v. DemingSupreme Court of Connecticut · 1829
  4. Hart v. ChalkerSupreme Court of Connecticut · 1840
  5. Stoughton v. PascoSupreme Court of Connecticut · 1825

8 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Dart & Bogue Co. v. SlosbergSupreme Court of Connecticut · 1987
  2. Goldberg v. ParkerSupreme Court of Connecticut · 1913
  3. Second National Bank of New Haven v. DyerSupreme Court of Connecticut · 1936
  4. First National Bank v. National Grain CorporationSupreme Court of Connecticut · 1925
  5. Hartford-Connecticut Trust Co. v. Puritan Laundry, Inc.Supreme Court of Connecticut · 1920

14 more not listed; retrieve them via the Exa API.

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